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Home My WebLink AboutOrdinance 3245 ' FOR RECORD ' ED '8 � l7HY 29 WASypt, , � „ P� 3 29 ALtq TUR cot/ ORDINANCEIRCUIrtL A4 6C fRK RYAR ORDINANCE NO, 3245 MICROFILMED AN ORDINANCE AMENDING SECTION 18-18 ( a ) ( 2 ) OF THE FAYE=ILLE CODE OF ORDINANCES TO AMEND THE TERMS AND CONDITIONS UNDER WHICH PUBLIC UTILITIES MAY OCCUPY STREETS , HIGHWAYS , OR OTHER PUBLIC PLACES . BE IT OIMINED BY THE HOARD OF DIRECIORS OF THE CITY OF FA)MTMLIE, ARKANSAS : Section 1 . That § 18- 18 ( a ) ( 2 ) of the Fayetteville Code of Ordinances s hereby amended to read as follows : y C/ ( 2 ) Whenever public utility facilities which are located within U public right-of-way must be relocated in order not to impair or obstruct vehicular or pedestrian traffic on any new or existing street , highway, road or sidewalk , the public utility ( a ) ' shall be required to relocate its facilities within a reasonable time from receipt of written notice fran the City Manager , and (b ) shall bear its own relocation costs ; provided , where any project is funded with federal or state funds and said funds are received by the City for the purpose IU of reimbursing utility relocation expenses , the utility shall receive such reimbursement . This paragraph shall not be construed as requiring a utility to relocate its facilities within or from a private easement without payment of just compensation . Section 2 . The Board of Directors hereby determines that many streets and highways throughout the City need to be widened , straightened , or otherwise improved ; that many new streets and highways need to be constructed ; that such improvements and new construction are necessary for the public safety and welfare ; that such improvements and new construction will in many instances require the relocation of public utility facilities ; ' that the City will be unable to construct many badly needed streets and street improvements unless public utilities are required to bear the cost of relocating their facilities ; that Ark . Stat . Ann. §73-208 grants cities the right to provide for reasonable terms and conditions upon which a public utility may occupy the streets , highways or other public places within the municipality ; and that the immediate passage of this ordinance is necessary to enable the construction of badly needed streets and street improvements . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public safety and welfare shall be in full force and effect from and after its passage and approval . (19ER1227PAGE001 _2_ PASSED AMID APPROVED this 3 day of March , 1987 . APPROVED Byo (� c �' , J �IE �M-� � � Mayor •A1TF,S�"' By . / O �eity Clerk LIBER1227 PAGE 002 CERTIFICATE OF RECORD State of Arkansas ( SS I, Alma Kollccver, Circuit clerk and � Ct .e Vli:C. ( Ex-officio Record:r for \Vashinglon County, ♦ 1 City of f :l_ 'Arkansas, do hertb-; eertifv that this in,y Cierl; and ] , Officio C. er fo CCr y, C1t- s!rumeN was filed for record in rn7 orfice Iyx-(�{{IC10 LCCOTdeT {OT the filly L{ )! d)'C�ae10173 as indicated hereon and he same is now do hereby ccrtifV that the aillln KP fi). - duly recorded with tiie zck;:>wlcdgement .111111; is of record in lily office :r.�ci i. '.0 s:lill^_ zlp and certifcale thcrcan io %ecord Book and peear�rslI ,,hOrdinance & �R/esolution 'tl`lo page at ;nd;cered t,erecn. page—�---' « l`lless nay IPl WITNESS IVY UOF, I have hereunto {I11V Of sot my hand S!FI affixed the seat of salt hand and seal this r 1 �� Court ar dw dale ;nil atsd IrsrsNSR • 'Altos I;Omsy4v j City Jerk and Gx-Of icio Reco r ��ees di- DING SECTION FAYETTEVI LE OF THE FYYETTEVILLE CODE PF'*ORDINANCES rAND THE TERMS AND COED CONDITIONS UNDER • W ILME M U O L I O ST EETI1. IGH OCCUPY STATE of AH6A?S,iti STREETS. BLIC PLACES.S. as. ' 'OTHER PUBLIC B BE IT RD OF OD BY ('Dunt}' o( vCaCMngmn .THE BOARD OF TYOIREC OF iF-A OF THE CITY OF I FJANSAS: ILLC . I' ARKANSAS:1. : I. ( �( n__LL� 1[[� herPbY fa)I l(c lf.11 l 1 S«Ren 1. sett nle.ubl IolaMe aces IS hDeaf am me publisher THE %OF Tf EST RAANSASTIM S, a daily newspaper MOrdinances b army having a Second class mailing privilege. and ping not less than four pages Of nwemveeanmuewf: viwnewvic Wbtic milli} Oke columns each. published v a /lard glare of business end at a OM.•A k a Arkansas laauno which ere IMateq intervals mnununusle' in the Cin' n( Fagellecilla. County Of N'ashin¢mn. draansas within Public more an a c rlghlef way fthan rind of nwelrr months, circulated and distributed from an must the relocated In Maar Pe WI to Impale M e IMCI established place of business to Subscribers and readers generally of all Classes ticvehicularny navy aw mi mar no In the City and Couniv for a definite price for each copy. or a fixed price per tic st mY highway, , red W creme. Mthe Pu ewe M annum,based on the price was ueand service aloe sideredIt me value pease fifty Percent f8) "al the Tet utilityto based upon the stew's value and service}claret contalns. ehat at lean any percent raioceb lin faclnftiies within - P P newspaper ohne :wbscr, xr: thereto na.✓paid mnneo-subscriptions lD ehP news a r reasonable time from or its agents or Through rernpni" news dealers over a period of at least six from q warren race months: and that me said newspaper publishes an average of more than fart}' rrom m. City written Manarustics r. tine ml chap war luewn relMP percent news matter. nen costs; Provided, where Iany Mobd If funded with rederal or clam funds and 1 further certify that the legal notice hereto attached In the matter of um funds ere received by the City for the purpose As reimbursing ot11Ny r ubso 2 flon a}wdM>. use utility 'LLL(tit ah as- men receive Such ream-i Wrwmant TMs paragraph ) •Mall rt w construed as re- was published in the regular dully issue of said newspaper forL�.�_ duiring a utility to ret ocatf cansKutice insertions as follows: In fatuities within or from a Iprivato easement wlmwt JJ�� Ui �ny Payment of Just comprnds The first insertion On thee�L4L day o tG/•- 19 A _ law. Sema ]. The board q . I Dlrecnrt hereby dater- , the second insertion On the day of 19 Imom that many m«u ane IV nnNn ftmto of wl mf Cl me third Inserllon On the day of 19 Iry m w carnes, straightened.tM Mny n w I lmltrovan hose highways maps new and the fourth Inserelon on the IN Cc dna nlghwerfneedre ]9 IN rovementim;sa that {an ImpwemMh Cirsuc can heavier f esury 1M rhe WOIIC rM11)Y and Weh fare: that Such ImprevR' Suorn to and subscribed before me p this e7 L day I Monteammany n CMltiryCtM Iwill Instant" to quire the W"atlw qPublic to utility facilities: that the el- tTwill w mater 10Cennrwt y any waly Cooke ! street and Sir"? rmprevems; unless Public antler air . Nota Public y� required to war me • locating Meir tech bey' Commission Expires: that are. Star. /fun. n)a-]G y^^ � � Y 0 grants cities me right to . grovitre for reasonable forms and conditions upon ,Which a Public vnuh may ,hOccupy enc " rel . . lanways Omer public -0IaCpl weanrh The municipality;w d mel ton Fees for Priming __ - 1 QSP. immediate game" ar this ordinance is necessary e0 bb Mf Mstreetrw q ('051 Of Proof �. 5 ._ . bar* IuImp nreqto and ___.—___ orae Improvements. b. Therefore. an eMgfnth Total $9fo "cloy Occurred! creat am MIS oanniiag safety wry far the rye - Wmlf safety reed wand a seen w n add own dna rami f am aw after . Paww r o grope. F1thAND M MarcV- ED tieris and day q Martin. N). APPROVED BY: Marilyn Jamison ' ATTEST Mfraq . By: Sulanw KMwdy city clerk